Bayley v. Duvall

U.S. Circuit Court for the District of District of Columbia

Bayley v. Duvall

2 F. Cas. 1079, 1 Cranch 283

CourtU.S. Circuit Court for the District of District of Columbia

DecidedDecember 15, 1805

StatusPublished

This text of 2 F. Cas. 1079 (Bayley v. Duvall) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bayley v. Duvall, 2 F. Cas. 1079, 1 Cranch 283 (circtddc 1805).

Pincite

Opinion

THE COURT

was of opinion, that if it was understood by the parties that the money was to be paid and the horse delivered to the plaintiff at the defendant’s house, it was incumbent on the plaintiff to prove a tender within the time, or that he attended at the defendant’s house on the last day ready to pay. and that the defendant was not there. If no place was understood between the parties, the plaintiff should have used reasonable diligence and endeavors to find the defendant and tender him the money, on or before the last day.

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THE COURT

was of opinion, that if it was understood by the parties that the money was to be paid and the horse delivered to the plaintiff at the defendant’s house, it was incumbent on the plaintiff to prove a tender within the time, or that he attended at the defendant’s house on the last day ready to pay. and that the defendant was not there. If no place was understood between the parties, the plaintiff should have used reasonable diligence and endeavors to find the defendant and tender him the money, on or before the last day.

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Bluebook (online)

2 F. Cas. 1079, 1 Cranch 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bayley-v-duvall-circtddc-1805.